MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                               Thursday, May 5, 2005 
                                     9:00 a.m. 
                      Betty King Committee Hearing Room, 2E.20 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Business &  
         Commerce was held on Thursday, May 5, 2005, in the Betty King  
         Committee Hearing Room, 2E.20, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Chairman           Senator Kip Averitt,  
         Vice Chairman 
         Senator Kenneth Armbrister 
         Senator Kim Brimer 
         Senator John Carona 
         Senator Kevin Eltife 
         Senator Craig Estes 
         Senator Eddie Lucio, Jr. 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:04 a.m.   
          
         The chair laid out HB 1573 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Senator Armbrister sent up  
         Committee Amendment 1 and Senator Harris was recognized to  
         explain the amendment.  Witnesses testifying and registering on  
         the bill are shown on the attached list.  The chair moved that  
         the public testimony be closed; without objection, it was so  
         ordered.  The roll was called at 9:14 a.m. and a quorum was  
         present.  Senator Armbrister moved that Committee Amendment 1 be  
         adopted; without objection, it was so ordered.  Senator  
         Armbrister requested unanimous consent to roll the amendment  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Armbrister then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Armbrister moved that HB 1573 do not pass but that CSHB  
         1573 be reported back to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.   
         Senator Armbrister moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB 1088 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Estes moved that HB 1088  
         be reported favorably to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.   
         Senator Estes moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out HB 1304 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  Senator Van de Putte  
         sent up a committee substitute; the chair recognized Senator Van  
         de Putte to explain the difference between the committee  
         substitute and the bill as filed. Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Fraser moved that HB 1304 be left pending; without objection, it  
         was so ordered.   
          
         At 9:35 a.m. Senator Fraser moved that the committee stand  
         recessed until 15 minutes after adjournment of the Senate;  
         without objection, it was so ordered.   
          
         At 1:24 p.m. the committee reconvened.   
          
         Senator Fraser brought back up from HB 1304, pending business,  
         and continued with public testimony.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Fraser moved that HB 1304 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Van de Putte moved adoption of the  
         committee substitute; without objection, it was so ordered.  
         Senator Van de Putte then moved that HB 1304 do not pass but  
         that CSHB 1304 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.  Senator Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 1747 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  Senator  
         Estes sent up Committee Amendment 1 and explained the amendment.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator Estes  
         moved that Committee Amendment 1 be adopted; without objection,  
         it was so ordered. 
         Senator Estes requested unanimous consent to roll the amendment  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Estes then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator Estes  
  
         moved that HB 1747 do not pass but that CSHB 1747 be reported  
         back to the Senate with the recommendation that it do pass and  
         be printed.  The motion carried with a record vote of 6 ayes, 0  
         nay, 0 present not voting, and 3 absent.  Senator Estes moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 720 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  There were no  
         witnesses registered on the bill.  Senator Van de Putte moved  
         that HB 720 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.  Senator Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 982 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  Witnesses  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Van de Putte moved that  
         HB 982 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.  Senator Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 2961 and recognized Senator Eltife, in the  
         absence of the Senate sponsor, to explain the bill.  Witnesses  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Eltife moved that HB 2961  
         be reported favorably to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 6 ayes, 0 nay, 0 present not voting, and 3 absent.   
         Senator Eltife moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out HB 2962 and recognized Senator Eltife, in the  
         absence of the Senate sponsor, to explain the bill.  At 1:55  
         p.m. Senator Carona assumed the chair.  Witnesses registering on  
         the bill are shown on the attached list.  The chair moved that  
         the public testimony be closed; without objection, it was so  
         ordered.   Senator Carona moved that HB 2962 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Van de Putte moved that HB 2962 be  
         reported favorably to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 6 ayes, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Van de Putte moved that the bill be recommended for placement on  
  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.  
          
         The chair laid out HB 2236 and recognized Senator Van de Putte,  
         in the absence of the Senate sponsor, to explain the bill.   
         Senator Carona moved to limit public testimony to two minutes;  
         without objection, it was so ordered.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Carona sent up Committee Amendment 1 by Janek.  The chair moved  
         that the public testimony be closed; without objection, it was  
         so ordered.  At 2:38 p.m. Senator Fraser resumed the chair.   
         Senator Fraser moved that HB 2236 be left pending; without  
         objection, it was so ordered.   
          
         Senator Carona resumed the chair.   
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on HB 2962.  Without objection, it was so ordered.  This  
         vote is reflected in the final votes on the aforementioned bill. 
          
         Senator Fraser resumed the chair.   
          
         The Chairman read Motions in Writing requesting unanimous  
         consent to be shown voting aye submitted by the following:   
         Senator Lucio on HB 720, HB 982, HB 1088, CSHB 1304, CSHB 1573,  
         and CSHB 1747; Senator Carona on HB 1088 and CSHB 1573.  Without  
         objection it was so ordered.  Without objection, it was so  
         ordered.  These votes are reflected in the final votes on the  
         aforementioned bills. 
          
         There being no further business, at 2:40 p.m. Chairman Fraser  
         moved that the Committee stand recessed subject to the call of  
         the chairman.  Without objection, it was so ordered. 
          
         ________________________________ 
         Senator Troy Fraser, Chairman 
          
         ________________________________ 
         Tatum Baker, Clerk